In Ukraine, caring for parents is not only a moral norm, but also a legal obligation. The Constitution and the Family Code of Ukraine directly oblige adult children to care for their incapacitated parents and, if necessary, provide them with financial assistance. However, the obligation to maintain has clear conditions and exceptions that are taken into account by the court.
According to Article 202 of the Family Code of Ukraine (FCU), an adult daughter or son has the obligation to support their parents if they are:
-
disabled (have reached retirement age or have disabilities of groups I–III);
-
need financial assistance (i.e. do not have sufficient income, pension or other source for a living wage).
The fact of incapacity for work does not oblige children to pay child support - it is important to prove that the parents are truly unable to support themselves. The availability of pensions, benefits, subsidies, or property that can generate income is assessed.
The court may collect not only monthly child support, but also medical or nursing care expenses if the parents are seriously ill or disabled. Child support can be awarded as a fixed amount or as a percentage of income. In exceptional cases, it can be awarded only for a limited period of time - no more than three years.
The court also takes into account the possibility of receiving maintenance from other children, spouses, or parents if the claim is filed against only one of the children.
There are exceptions when a child may be released by the court from the obligation to support their parents. Among the grounds are:
-
parents evaded their responsibilities towards the child (did not raise or provide for them);
-
did not pay alimony, resulting in a debt of more than three years that has not been repaid at the time of consideration of the case;
-
were deprived of parental rights, and these rights were not renewed.
The daughter or son must prove in court the fact of such evasion or debt - for example, with the help of enforcement documents or certificates from the state enforcement service.
